Crimes Act 1900 No 40
Historical version for 29 January 1993 to 14 June 1993 (accessed 22 May 2013 at 20:18) Current version

353AA   Photographing, finger-printing etc children under 14 years of age

(1)  This section applies to a child under the age of 14 years who is in lawful custody for any offence punishable on indictment or summary conviction.
(2)  A person shall not take a photograph or the finger-prints or palm-prints of a child to whom this section applies except in accordance with this section. Nothing in this section, however, prevents the taking of any child’s photograph, finger-prints or palm-prints in accordance with the order of a court under section 353A (4).
(3)  A member of the police force of or above the rank of sergeant may, in respect of a child to whom this section applies, apply:
(a)  to the Children’s Court, or
(b)  where it is not possible to apply to the Children’s Court within 72 hours after the taking of the child into custody, to a Justice,
      for an order authorising, for the purpose only of identifying the child, the taking of the child’s photograph, finger-prints and palm-prints.
(4)  The Children’s Court or a Justice, as the case may be, may hear an application under subsection (3) and may make the order sought in the application.
(5)  A child to whom this section applies shall not be held in custody for the purpose only of an application being made under subsection (3).
Top of page